Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3072
Posts / Week:6.5
Archived Since:March 17, 2008

Blog Post Archive

Political ad isn't commercial, can't be basis of Lanham Act claim

3 months agoIndustries / Law : 43(B)log

Nichols v. Club for Growth Action, No. 16-220, 2017 WL 420111 (D.D.C. Jan. 31, 2017) Club for Growth Action is a political organization that broadcast a 30-second political ad on Wisconsin television and the Internet in September 2015, challenging the record of former-Senator Russ Feingold, who was then running for re-election against Ron Johnson. Show More Summary

Failure to show causation leads court to overturn jury verdict against false advertising

3 months agoIndustries / Law : 43(B)log

A.L.S. Enters., Inc. v. Robinson Outdoor Prods., LLC, No. 14-CV-500, 2017 WL 393307 (W.D. Mich. Jan. 30, 2017) ALS sued Robinson for false advertising of Robinson’s Trinity scent-control hunting clothing. The jury returned a verdictShow More Summary

older case about materiality v. consumer skepticism: a question of fact

3 months agoIndustries / Law : 43(B)log

Duraflame, Inc. v. Hearthmark, LLC, 2013 WL 12177870, No. CV 12-01205 (N.D. Cal. Feb. 2, 2013) Duraflame alleged that many people bought Duraflame’s artificial firelogs because they used renewable resources, and consumers are willing to pay a premium to purchase such products. Show More Summary

TCPA survives strict scrutiny

3 months agoIndustries / Law : 43(B)log

Brickman v. Facebook, Inc., No. 16-cv-00751, 2017 BL 25487 (N.D. Cal. Jan. 27, 2017) One criticism of expanding strict scrutiny is that courts will be extremely tempted to find that sensible regulations pass strict scrutiny, thus watering down its protection for when it is needed. Show More Summary

Amazon escapes liability for ads & emails touting vendors' infringing products

3 months agoIndustries / Law : 43(B)log

Lasoff v. Amazon.com Inc, 2017 WL 372948, No. C16-151 (W.D. Wash. Jan. 26, 2017) Lasoff owns Ingrass, which sells artificial turf and related products. He sold through Amazon, but in 2013 his sales allegedly began to plummet, both on his own website and on Amazon. Show More Summary

Disgorgement isn't distinguishable from restitution in ordinary consumer protection case

3 months agoIndustries / Law : 43(B)log

Brazil v. Dole Packaged Foods, LLC, 660 Fed.Appx. 531 (9th Cir. 2016) Brazil brought the usual California claims, alleging that defendants deceptively described their fruit products as “All Natural Fruit.” Brazil property alleged that Dole’s labels were deceptive given that the products contain synthetic citric and ascorbic acid. Show More Summary

For law students: Notre Dame summer IP program

3 months agoIndustries / Law : 43(B)log

Details on the Notre Dame “Get a Leg Up in IP” program this summer. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Another "omissions about slave labor" case fails in Cal.

3 months agoIndustries / Law : 43(B)log

Sud v. Costco Wholesale Corp., No. 15-cv-03783, 2017 WL 345994 (N.D. Cal. Jan. 24, 2017) Sud brought the usual California claims based on allegations that Costco sold prawns for which the supply chain was tainted by slavery, human trafficking, and other illegal labor practices. Show More Summary

Older case: placement of medical device on market isn't representation of FDA approval

3 months agoIndustries / Law : 43(B)log

Intra-Lock International, Inc. v. Choukroun, 2015 WL 11422285, No. 14-cv-80930 (S.D. Fla. May 4, 2015) Old, but new in Westclip (why? It’s an algorithmic mystery), and presents an interesting fact pattern about FDA approval/the lack thereof and the relationship between that and the Lanham Act. Show More Summary

False claims of discounts cause Article III injury

3 months agoIndustries / Law : 43(B)log

Morrow v. Ann Inc., 2017 WL 363001, No. 16-CV-3340 (S.D.N.Y. Jan. 24, 2017) Plaintiffs alleged that Ann deceptively advertised merchandise sold in its Ann Taylor Factory and LOFT Outlet stores by falsely claiming on its sales tags, in-store...Show More Summary

Placebo effect means customer satisfaction doesn't disprove harm; suggestive TM can be fact claim

3 months agoIndustries / Law : 43(B)log

In re 5-hour ENERGY Marketing & Sales Practices Litig., No. MDL 13-2438, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017) Plaintiffs alleged that defendants engaged in deceptive and unfair business practices under the laws of various statesShow More Summary

Food & Drug Law Institute writing competition

3 months agoIndustries / Law : 43(B)log

Thomas Austern Writing Competition: The H. Thomas Austern Writing Competition is intended to encourage law student interest in the areas of law that affect food, drugs, biologics, cosmetics, dietary supplements, medical devices, and tobacco. Show More Summary

Identifying Boundaries in Patent and Trademark Law.

3 months agoIndustries / Law : 43(B)log

The American University Law Review is proud to present its annual Federal Circuit symposium, Panel 2: Trademarks First Amendment Freedom of Speech and Trademarks: What Is, and What Should Be, the Relationship Between the Two? Christine...Show More Summary

If you don't like low-cost imitator brands, you'll love this decision

3 months agoIndustries / Law : 43(B)log

Moroccanoil, Inc. v. Zotos Int’l, Inc., 2017 WL 319309, -- F. Supp. 3d --, No. 16-7004 (C.D. Cal. filed Jan. 19, 2017) The court granted a preliminary injunction in this trademark case, using the “serious questions going to the merits” standard, which others consider dubious after eBay. Show More Summary

What's in the box? Not a valid agreement to arbitrate!

3 months agoIndustries / Law : 43(B)log

Norcia v. Samsung Telecommunications America, LLC, --- F.3d ----, 2017 WL 218027, No. 14–16994 (9 th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the performance of the Galaxy S4 phone. Show More Summary

Are you being served? Omission claim based on "virtualized" server survives

3 months agoIndustries / Law : 43(B)log

Schellenbach v. GoDaddy.com LLC, 2017 WL 192920, No. CV-16-00746 (D. Ariz. Jan. 18, 2017) In 2014, GoDaddy issued a press release titled “GoDaddy Launches New Dedicated and VPS Servers with Added Support for Designers and Developers.” Plaintiffs are website designers based in Los Angeles. Show More Summary

Pipe dreams: expert spokesperson liable for false statements about competing product

3 months agoIndustries / Law : 43(B)log

Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe. Show More Summary

Mass. anti-SLAPP law/litigation privilege doesn't cover p's nasty statements about competitor to customers

3 months agoIndustries / Law : 43(B)log

Riverdale Mills Corporation v. Cavatorta North America, Inc., 189 F.Supp.3d 317 (D. Mass. 2016) Previous decision—denying a recall when the falsely advertising competitor had already notified consumers—discussed here. The parties compete in the market for wire mesh used to make marine traps. Show More Summary

National Constitution Center Podcast on Tam

3 months agoIndustries / Law : 43(B)log

Deborah Gerhardt, Ilya Shapiro, and I discuss Tam. The podcast can be found at the National Constitution Center's website, as well as on iTunes and other platforms. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Seen around town: transformative works of the day, inauguration edition.

3 months agoIndustries / Law : 43(B)log

Seen on my way back from the Tam oral argument: Activist Comics http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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